Common use of Investment Company Act Compliance Clause in Contracts

Investment Company Act Compliance. The Borrower is not, nor is the Borrower directly or indirectly controlled by or acting on behalf of any Person which is, an "investment company" or an "affiliated person" of an "investment company" within the meaning of the Investment Company Act of 1940, as amended.

Appears in 19 contracts

Samples: Credit Agreement (Rocky Mountain Energy Corp), Credit Agreement (Exploration Co of Delaware Inc), Credit Agreement (Contango Oil & Gas Co)

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Investment Company Act Compliance. The Borrower is not, nor is Neither the Borrower nor any Subsidiary is directly or indirectly controlled by by, or acting on behalf of any of, any, Person which is, is an "investment company" or an "affiliated person" of an "investment companyInvestment Company," within the meaning of the Investment Company Act of 1940, as amended.

Appears in 8 contracts

Samples: Reducing Revolving Credit Agreement (Energy Partners LTD), Revolving Credit Agreement (Energy Partners LTD), Credit Agreement (Tengasco Inc)

Investment Company Act Compliance. The Borrower is not, nor is the Borrower not an "investment company" or directly or indirectly controlled by or acting on behalf of any Person which is, an "investment company" or an "affiliated person" of is an "investment company" within the meaning of the Investment Company Act of 1940, as amended.

Appears in 5 contracts

Samples: Senior Secured Bridge Loan Agreement (Mainland Resources Inc.), Credit Agreement (Cubic Energy Inc), Credit Agreement (Frontier Natural Gas Corp)

Investment Company Act Compliance. The Borrower is notNone of the Borrowers is, nor is the any Borrower directly or indirectly controlled by or acting on behalf of any Person which is, an "investment company" or an "affiliated person" of an "investment company" within the meaning of the Investment Company Act of 1940, as amended.

Appears in 4 contracts

Samples: Credit Agreement (KCS Energy Inc), Credit Agreement (KCS Energy Inc), Credit Agreement (KCS Energy Inc)

Investment Company Act Compliance. The Borrower is not, nor is the Borrower it directly or indirectly controlled by or acting on behalf of any Person person or entity which is, an "investment company" company or an "affiliated person" of an "investment company" company within the meaning of the Investment Company Act of 1940, as amended.

Appears in 4 contracts

Samples: Credit Agreement (Eagle Geophysical Inc), Revolving Credit Agreement (Eagle Geophysical Inc), Security Agreement (San Juan Partners LLC)

Investment Company Act Compliance. The Borrower is not, nor is the Borrower directly or indirectly controlled by or acting on behalf of any Person which is, an "investment company" or an "affiliated person" of an "investment company" within the meaning of the Investment Company Act of 1940, as amended.

Appears in 3 contracts

Samples: Credit Agreement (Primeenergy Corp), Credit Agreement (Primeenergy Corp), Credit Agreement (Primeenergy Corp)

Investment Company Act Compliance. The Borrower is not, nor is the Borrower not directly or indirectly controlled by by, or acting on behalf of any of, any, Person which is, is an "investment company" or an "affiliated person" of an "investment companyInvestment Company," within the meaning of the Investment Company Act of 1940, as amended.

Appears in 2 contracts

Samples: Term and Revolving Credit Agreement (Continental Resources Inc), Credit Agreement (Continental Resources Inc)

Investment Company Act Compliance. The Borrower is not, nor is the Borrower directly or indirectly controlled by or acting on behalf of any Person which is, not an "investment company" or a company “controlled” by an "affiliated person" of an "investment company" ,” within the meaning of the Investment Company Act of 1940, as amended.

Appears in 2 contracts

Samples: Possession Credit Agreement (Swift Energy Co), Possession Credit Agreement (Swift Energy Co)

Investment Company Act Compliance. The Borrower is not, nor is the Borrower it directly or indirectly controlled by or acting on behalf of any Person person or entity which is, an "investment company" company or an "affiliated person" of an "investment company" company within the meaning of the Investment Company Borrower Act of 1940, as amended.

Appears in 2 contracts

Samples: And Combined Loan Agreement (Carrizo Oil & Gas Inc), Revolving Credit Agreement (Midland Resources Inc /Tx/)

Investment Company Act Compliance. The Neither Borrower is notnor Guarantor is, nor is the Borrower it directly or indirectly controlled by or acting on behalf of any Person person or entity which is, an "investment company" company or an "affiliated person" of an "investment company" company within the meaning of the Investment Company Borrower Act of 1940, as amended.

Appears in 2 contracts

Samples: Loan Agreement (Carrizo Oil & Gas Inc), Loan Agreement (Carrizo Oil & Gas Inc)

Investment Company Act Compliance. The Borrower is not, nor is the Borrower directly or indirectly --------------------------------- indirectly, controlled by or acting on behalf of any Person which is, an "investment company" or an "affiliated person" of an "investment company" within the meaning of the Investment Company Act of 1940, as amended, which control or action could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Canaan Energy Corp), Credit Agreement (Cmi Corp)

Investment Company Act Compliance. The Borrower is and/or the Co-Borrowers are not, nor is are the Borrower and/or the Co-Borrowers directly or indirectly controlled by or acting on behalf of any Person which is, an "investment company" or an "affiliated person" of an "investment company" within the meaning of the Investment Company Act of 1940, as amended.

Appears in 2 contracts

Samples: Credit Agreement (Southern Mineral Corp), Credit Agreement (Southern Mineral Corp)

Investment Company Act Compliance. The Borrower is not, nor is --------------------------------- the Borrower directly or indirectly controlled by or acting on behalf of any Person which is, an "investment company" or an "affiliated person" of an "investment company" within the meaning of the Investment Company Act of 1940, as amended.

Appears in 2 contracts

Samples: Credit Agreement (Sheridan Energy Inc), Assignment Agreement (Southern Mineral Corp)

Investment Company Act Compliance. The No Borrower is notis, nor is the any Borrower directly or indirectly controlled by or acting on behalf of any Person which is, an "investment company" or an "affiliated person" of an "investment company" within the meaning of the Investment Company Act of 1940, as amended.

Appears in 2 contracts

Samples: Credit Agreement (United Heritage Corp), Credit Agreement (Stratum Holdings, Inc.)

Investment Company Act Compliance. The Borrower is not, nor is the Borrower directly or indirectly controlled by or acting on behalf of any Person which is, an "investment company" or an "affiliated person" of an "investment company" within the meaning of the Investment Company Act of 1940, as amended.an

Appears in 1 contract

Samples: Security Agreement (Middle Bay Oil Co Inc)

Investment Company Act Compliance. The Borrower is not, nor is the Borrower directly or indirectly controlled by or acting on behalf of any Person which is, an "investment company" or an "affiliated person" of an "investment company" within the meaning of the Investment Company Act of 1940, as amended.

Appears in 1 contract

Samples: Credit Agreement (NiMin Energy Corp.)

Investment Company Act Compliance. The Neither Borrower nor any Subsidiary is not, nor or is the Borrower directly or indirectly controlled by or acting on behalf of any Person person which is, is an "investment company" or an "affiliated person" of an "investment company" within the meaning of the Investment Company Act of 1940, as amended.

Appears in 1 contract

Samples: Credit Agreement (Texas New Mexico Power Co)

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Investment Company Act Compliance. The Borrower is not, nor is the Borrower directly or indirectly controlled by or acting on behalf of any Person which is, an "investment company" or an "affiliated person" of an "investment company" within the meaning of the Investment Company Act of 1940, as amended.

Appears in 1 contract

Samples: Credit Agreement (Dril-Quip Inc)

Investment Company Act Compliance. The Borrower is not, nor is the Borrower directly --------------------------------- or indirectly indirectly, controlled by or acting on behalf of any Person which is, an "investment company" or an "affiliated person" of an "investment company" within the meaning of the Investment Company Act of 1940, as amended, which control or action could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Cmi Corp)

Investment Company Act Compliance. The Borrower is not, nor is the Borrower directly or indirectly controlled by or acting on behalf of any Person which is, an "investment company" or an "affiliated person" of an "investment company" within the meaning of the Investment Company Act of 1940, as amended.. 1.4 1.5

Appears in 1 contract

Samples: Credit Agreement (Midcoast Energy Resources Inc)

Investment Company Act Compliance. The Borrower is not, nor is the Borrower directly or indirectly controlled by or acting on behalf of any Person which is, not an "investment company" or an a company "affiliated personcontrolled" of by an "investment company," within the meaning of the Investment Company Act of 1940, as amended.

Appears in 1 contract

Samples: Credit Agreement (International PetroReal Oil CORP)

Investment Company Act Compliance. The No Borrower is notis, nor is the any Borrower directly or indirectly controlled by or acting on behalf of any Person which is, an "investment company" or an "affiliated person" of an "investment company" within the meaning of the Investment Company Act of 1940, as amended.

Appears in 1 contract

Samples: Credit Agreement (Tradestar Services, Inc.)

Investment Company Act Compliance. The Borrower is not, nor is the Borrower not an “investment company” or directly or indirectly controlled by or acting on behalf of any Person which is, is an "investment company" or an "affiliated person" of an "investment company" within the meaning of the Investment Company Act of 1940, as amended.

Appears in 1 contract

Samples: Credit Agreement (Cubic Energy Inc)

Investment Company Act Compliance. The Borrower is not, nor is Neither the Borrower nor Xxxxxxxx-Delaware is or is directly or indirectly controlled by or acting on behalf of any Person which is, is an "investment company" or an "affiliated person" of an "investment company" within the meaning of the Investment Company Act of 1940, as amended.

Appears in 1 contract

Samples: Credit Agreement (Goodrich Petroleum Corp)

Investment Company Act Compliance. The Neither Borrower is notis, nor is the Borrower directly or indirectly indirectly, controlled by or acting on behalf of any Person which is, an "investment company" or an "affiliated person" of an "investment company" within the meaning of the Investment Company Act of 1940, as amended.

Appears in 1 contract

Samples: Credit Agreement (Alamco Inc)

Investment Company Act Compliance. The Borrower is not, nor is the Borrower not an --------------------------------- "investment company" or directly or indirectly controlled by or acting on behalf of any Person which is, an "investment company" or an "affiliated person" of is an "investment company" within the meaning of the Investment Company Act of 1940, as amended.

Appears in 1 contract

Samples: Credit Agreement (Amerac Energy Corp)

Investment Company Act Compliance. The Borrower is not, nor is the Borrower not directly or indirectly controlled by by, or acting on behalf of any of, any, Person which is, is an "investment company" or an "affiliated person" of an "investment companyInvestment Company," within the meaning of the Investment Company Act of 1940, as amended.

Appears in 1 contract

Samples: Credit Agreement (Ultra Petroleum Corp)

Investment Company Act Compliance. The Borrower is not, nor is the Borrower it directly or indirectly controlled by or acting on behalf of any Person person or entity which is, an "investment company" company or an "affiliated person" of an "investment company" company within the meaning of the Investment Company Act of 1940, as amended.

Appears in 1 contract

Samples: Credit Agreement (Forbes Medi Tech Inc)

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